PC - Item 3B - Conditional Use Permit 16-08 Staff ReportROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 20, 2017
SUBJECT: CONDITIONAL USE PERMIT 16-08
7516 EMERSON PLACE
SUMMARY
Ky Do and Binh Vinh Tran have submitted an application for a Conditional Use Permit
requesting to operate a place of religious assembly. The subject property is located at
7516 Emerson Place (APN: 5286-017-004). The proposed project would not increase the
floor area of the existing building. The subject site is located in the Light Multiple
Residential (R-2) zone. Per Rosemead Municipal Code Table 17.12.020.1, approval of a
Conditional Use Permit is required to establish a place of religious assembly within the
Light Multiple Residential (R-2) zone.
ENVIRONMENTAL DETERMINATION
Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of the construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. Accordingly, Conditional
Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303 of CEQA guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 17-22 with
findings (Exhibit "A"), and APPROVE Conditional Use Permit 16-08, subject to the 30
conditions outlined in Attachment "A" attached hereto.
Planning Commission Meeting
November 20,2017
Page 2 of 14
Front elevation (Existing)
PROPERTY HISTORY AND DESCRIPTION
The project site is located south of Emerson Place between New Avenue and Jackson
Avenue. According to the Los Angeles County Assessor's Office, the project site consists
of one parcel, totaling approximately 9,500 square feet of lot area.
Code Enforcement Violations
On April 6, 2016, Code Informant Case 16-0347 was created because the Public Safety
Department received a complaint that the single-family dwelling unit was operating as a
religious assembly establishment without proper entitlements. On April 26, 2016, the case
was closed as the religious assembly establishment ceased operations. On August 16,
2016, Code Informant Case 16-0347 was re-established as the Public Safety Department
received a complaint about the noise and smoke from incense. According to the Public
Safety Department, the property owner was issued an administrative citation for operating
a religious establishment without proper entitlements. For this reason, the applicant
submitted a Conditional Use Permit to operate a place of religious assembly.
Public Comment
On November 16, 2017, the Planning Division received a letter of opposition from a
concerned citizen. The written letter has been attached as attachment "D".
Site and Surrounding Land Uses
The project site is designated in the General Plan as Medium Density Residential and on
the zoning map as a Light Multiple Residential (R-2) zone. The site is surrounded by the
following land uses:
North
General Plan:
Medium Density Residential
Zoning:
Light Multiple Residential (R-2)
Land Use:
Residential
South
General Plan: Medium Density Residential
Planning Commission Meeting
November 20, 2017
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Zoning: Light Multiple Residential (R-2)
Land Use: Residential
East
General Plan:
Medium Density Residential
Zoning:
Light Multiple Residential (R-2)
Land Use:
Residential
West
General Plan:
Medium Density Residential
Zoning:
Light Multiple Residential (R-2)
Land Use:
Residential
DISCUSSION
As illustrated in Exhibit `B", the applicants are proposing to establish a place of religious
assembly at 7516 Emerson Place. In addition, the applicants are proposing an interior
tenant improvement, a new carport, and new off-street parking spaces.
Religious Assembly Operations
The applicants are proposing the following hours of operation for assembly purposes:
11:00 a.m. to 3:00 p.m., seven days a week.
Site Plan
The applicants are proposing to incorporate off-street parking spaces, an attached
carport, a fully enclosed trash enclosure, new exterior lighting, and new landscaping to
the existing site. The applicants are proposing to remove all outdoor kitchen appliances
and portable shade structures.
Floor Plan
The proposed floor plan consist of a prayer room, kitchen, two bathrooms, and two
bedrooms for clergy. In addition, the applicants are proposing to construct a new carport
to the existing attached two -car garage. The applicants are also proposing to demolish
two unpermitted additions to the east side of the proposed placed of religious assembly.
Elevations
The applicants are proposing to remove all exterior security bars from all windows visible
from public right-of-way. In addition, the applicants are proposing to repair and repaint the
fascia boards.
Parking and Circulation
Per Rosemead Municipal Code, Table 17.112.040.1, one off-street parking space is
required per each 75 square feet of floor area for assembly use not containing fixed seats.
With 485 square feet of floor area proposed for assembly use not containing fixed seats,
a minimum of six off-street parking spaces are required. As shown on the proposed site
plan, the applicants are proposing to provide seven off-street parking spaces. The parking
spaces in the existing two -car garage will be reserved for clergy.
Planning Commission Meeting
November 20, 2017
Pape 4 of 14
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Table 17.12.020.1, approval of a Conditional Use Permit
is required to establish a place of religious assembly within the Light Multiple Residential
(R-2) zone.
Per Rosemead Municipal Code, Section 17.132.040, all of the following findings shall be
made by the Planning Commission in conjunction with the approval of a Conditional Use
Permit:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to
the public health, safety and general welfare.
The proposed use will not be incompatible or injurious to the residential uses on
the adjacent properties as places of religious assembly is a use that may be
conditionally permitted within the residential zones. Conditions of approval for the
limited hours of operation, lighting, and construction will protect the public health,
safety, and general welfare of the surrounding neighborhood.
B. The use is consistent with the General Plan.
According to the General Plan, in residential areas, in addition to the primary
residential use, accessory structures, group homes, religious and charitable
organizations are permitted consistent with State law and zoning ordinance
requirements.
C. The use is consistent with the provisions of this Zoning Code.
The use is consistent with the applicable provisions of the Zoning Code.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
Section 15303 of the California Environmental Quality Act (CEQA) guidelines
exempts projects consisting of the construction and location of limited numbers of
new, small facilities or structures; installation of small new equipment and facilities
in small structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure.
Accordingly, Conditional Use Permit 16-08 is classified as a Class 3 Categorical
Exemption, pursuant to Section 15303 of CEQA guidelines.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
Planning Commission Meeting
November 20, 2017
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The project site is located in a R-2 zoning district. The R-2 zoning district identifies
areas characterized by single-family dwellings and duplexes. The R-2 standards
are intended to maintain the character of existing neighborhoods while allowing
the opportunity for duplex and smaller lot single-family development that is
consistent with the General Plan Medium Density Residential land use
designation. In addition to the residential use, the General Plan Land Use Element
permit other uses, such as religious organizations. The project will maintain the
character of the existing neighborhood as it was designed based on applicable R-
2 zoning district standards.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to 44 property owners, publication in the
Rosemead Reader on November 9, 2017, and postings of the notice at the six public
locations and on the subject site.
Prepared by:
Submitted by:
Annie Lao Ben Ki '
Assistant Planner C munity Development Director
EXHIBITS:
A. Planning Commission Resolution 17-22 with Attachment "A" (Conditions of Approval)
B. Site Plan and Floor Plan (Dated November 6, 2017)
C. Assessor Parcel Map (APN: 5286-017-004)
D. Public Comment Letter Dated November 16, 2017
Planning Commission Meeting
November 20, 2017
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EXHIBIT "A"
PC RESOLUTION 17-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 16-08 FOR THE OPERATION
OF A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS
LOCATED AT 7516 EMERSON PLACE (APN: 5286-017-004), IN A
LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE.
WHEREAS, on October 17, 2017 and November 7, 2017, Ky Do and Binh Vinh
Tran submitted a Conditional Use Permit, requesting to operate a place of religious
assembly at 7516 Emerson Place;
WHEREAS, 7516 Emerson Place, is located in a Light Multiple Residential (R-2)
zoning district;
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on November 8, 2017, 44 notices were sent to property owners within
a 300 -foot radius from the subject property, the notice was published in the Rosemead
Reader, and notices were posted in six (6) public locations and on site, specifying the
availability of the application, and the date, time, and location of the public hearing for
Conditional Use Permit 16-08;
WHEREAS, on November 20, 2017, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 16-08; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section
15303. Section 15303 of the California Environmental Quality Act (CEQA) guidelines
exempts projects consisting of the construction and location of limited numbers of new,
Planning Commission Meeting
November 20, 2017
Page 7 of 14
small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. Accordingly, Conditional
Use Permit 16-08 and is classified as a Class 3 Categorical Exemption, pursuant to
Section 15303 of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 16-08, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to the
public health, safety and general welfare.
FINDING: The proposed use will not be incompatible or injurious to the residential
uses on the adjacent properties as places of religious assembly is a use that may be
conditionally permitted within the residential zones. Conditions of approval for the limited
hours of operation, lighting, and construction will protect the public health, safety, and
general welfare of the surrounding neighborhood.
B. The use is consistent with the General Plan.
FINDING: According to the General Plan, in residential areas, in addition to the
primary residential use, accessory structures, group homes, religious and charitable
organizations are permitted consistent with State law and zoning ordinance requirements.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: The use is consistent with the applicable provisions of the Zoning Code.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: Section 15303 of the California Environmental Quality Act (CEQA)
guidelines exempts projects consisting of the construction and location of limited numbers
of new, small facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one use to another
where only minor modifications are made in the exterior of the structure. Accordingly,
Conditional Use Permit 16-08 are classified as a Class 3 Categorical Exemption, pursuant
to Section 15303 of CEQA guidelines.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
Planning Commission Meeting
November 20, 2017
Page 8 of 14
FINDING: The project site is located in a R-2 zoning district. The R-2 zoning district
identifies areas characterized by single-family dwellings and duplexes. The R-2 standards
are intended to maintain the character of existing neighborhoods while allowing the
opportunity for duplex and smaller lot single-family development that is consistent with
the General Plan Medium Density Residential land use designation. In addition to the
residential use, the General Plan Land Use Element permit other uses, such as religious
organizations. The project will maintain the character of the existing neighborhood as it
was designed based on applicable R-2 zoning district standards.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 16-08, permitting the operation of a place of religious assembly at 7516 Emerson
Place, and subject to the conditions listed in Attachment "A", attached hereto and
incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on November 20, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 20th day of November, 2017.
Sean Dang, Chair
Planning Commission Meeting
November 20, 2017
Page 9 of 14
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 20th day of
November, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben, Kim Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
November 20, 2017
Page 10 of 14
ATTACHMENT"A"
(PC RESOLUTION 17-21)
CONDITIONAL USE PERMIT 16-08
7516 EMERSON PLACE
(APN: 5286-017-004)
CONDITIONS OF APPROVAL
NOVEMBER 20, 2017
Standard Conditions of Approval
1. Conditional Use Permit 16-08 ("Project') is approved for the operation of a place
of religious assembly at 7516 Emerson Place, in accordance with the plans marked
Exhibit "B", dated November 6, 2017. Any revisions to the approved plans must be
resubmitted for Planning Division review and, if satisfactory, approval.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
& The conditions of approval listed on this exhibit shall be copied directly onto any
development plans submitted to the Planning and Building Divisions. The applicant
shall ensure that all conditions of approval have been met and are in full force prior
to the issuance of a building permit or Certificate of Occupancy as determined by
the Director of Community Development.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Project.
6. Project approval is valid for one (1) year from the Planning Commission approval
date. The entitlement shall not be deemed exercised until a building permit has
been issued and the project has commenced construction ("break ground"), or has
commenced permitted use in compliance with the conditions of approval. If said
entitlement is not exercised or a time extension has not been granted during this
time frame, this approval shall automatically expire without further action by the
City. Request for time extension shall be submitted to the Planning Division within
30 calendar days prior to expiration. If Project has been unused, abandoned, or
discontinued for a period of one (1) year, this entitlement approval shall become
null and void.
Planning Commission Meeting
November 20, 2017
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7. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications to the project and to these conditions of approval,
8. Project is granted or approved by the City, and its Planning Commission and City
Council, retaining and reserving the right and jurisdiction to review and to modify
the permit, including the conditions of approval based on changed circumstances.
Changed circumstances include, but are not limited to, the modification of the use,
a change in scope, emphasis, size, or nature of the use, or the expansion,
alteration, reconfiguration, or change of use. This reservation of right to review is
in addition to, and not in lieu of, the right of the City, its Planning Commission, and
City Council to review and revoke or modify any permit granted or approved under
the Rosemead Municipal Code for any violations of the conditions imposed on
Project.
9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding against
the City of Rosemead or its agents, officers, or employees to attack, set side, void,
or annul, an approval of the Planning Commission and/or City Council concerning
the project, which action is brought within the time period provided by law.
10. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved use, including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
11. Building permits will not be issued in connection with any project until such time as
all plan check fees and all other applicable fees are paid in full. Prior to issuance
of building permits, any required school fees shall be paid. The applicant shall
provide the City with written verification of compliance from the applicable school
districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, contrasting in color and easily visible at
driver's level from the street. Materials, colors, location, and size of such address
numbers shall be approved by the Community Development Director, or his/her
designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
Planning Commission Meeting
November 20, 2017
Page 12 of 14
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state
Planning Division
19. The hours of operation for assembly purposes shall be limited to 11:00 a.m. to 3:00
p.m.
20. All noise shall abide by Rosemead Municipal Code Chapter 8.36.
21. Any smoke or emission, other than water vapor, that is visible to the naked eye
shall not be emitted from a vent, stack, chimney, window, door, or combustion
process and shall not violate any standards established by the South Coast Air
Quality Management District and the California Air Resources Board.
22. The place of religious assembly shall not produce any obnoxious or adverse odor
that can be detected beyond the boundary of the lot in which it is occupied.
23. All outdoor kitchen appliances and portable shade structures shall be removed.
24. The trash enclosure shall be constructed to match the proposed fencing. A solid
roof cover, to the satisfaction of the Planning Division, shall be provided for the
trash enclosure. The roof shall provide adequate clearance to allow complete
access of waste bins. The trash enclosure shall be equipped with self-closing,
solid, doors.
25. Exterior lighting shall be of low intensity and shielded so that light will not spill out
onto surrounding properties or project above the horizontal plane.
Public Works Department
26. Install driveway approach per SPPWC Standard Plan 110-2.
27. All work proposed within the public right-of-way shall require permits from the
Public Works Department.
28. Install one (1) 24 -inches box parkway tree per SPPWC Standard Plan 520-4.
Planning Commission Meeting
November 20, 2017
Paoe 13 of 14
29. Remove existing and install 4 -inches thick PCC Sidewalk from property line to
property line.
30. Remove existing and install PCC curb and gutter from property line to property
line per SPPWC Standard Plan 120-2.
Planning Commission Meeting
November 20, 2017
Page 14 of 14
EXHIBIT "C"
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